DFID CNTR: 00 0512A SLGP Consultants' Report Number 107

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DFID CNTR: 00 0512A
SLGP Consultants’ Report Number 107

(Original Number 442)
Workshop on Proposed New Kano State Water Supply Policy

Process Report
by
Muyiwa Olowokure, Muhammad Iliyas and Jonadab Metibaiye
June 2007
Table of Contents
1.0 INTRODUCTION.............................................................................................. 3
1.1 Background....................................................................................................3
1.2 Purpose and Scope .......................................................................................3
1.3 Responsibility.................................................................................................3
2.0 METHODOLOGY............................................................................................. 4
2.1 Approach .......................................................................................................4
2.2 Compliance with the Terms of Reference (ToR) ...........................................4
3.0 WORKSHOP.................................................................................................... 4
3.1 Day One – Morning Session..........................................................................4
3.2 Day One – Afternoon Session .......................................................................5
3.3 Day Two – Morning Session..........................................................................5
3.4 Day Two – Afternoon Session .......................................................................5
4.0 REVISION AND UPDATING OF DRAFT POLICY .......................................... 6
5.0 WAY FORWARD ............................................................................................. 6
6.0 CONCLUSION ................................................................................................. 6
7.0 ACKNOWLEDGEMENT .................................................................................. 6
List of Annexes
Annex 1 Terms of Reference

Annex 2 Group Presentations
Annex 3 Group Two Presentation
Annex 4 Group Three Discussions
Annex 5 Questions, Answers and Observation (1)
Annex 6 Questions, Answers and Observation (2)
Annex 7 Communiqué
Annex 8 Revised Draft Policy
SLGP Consultants’ Report Number 107 1

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Abbreviations/Acronyms
SLGP State and Local Government Programme

DFID Department for International Development
ToR Terms of Reference
KnSWB Kano State Water Board
RUWASSA Rural Water Supply and Sanitation Agency
WSSSRP STU Water Supply and Sanitation Sector Reform Programme,
State Technical Unit

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1.0 INTRODUCTION
1.1 Background
The State and Local Government Programme (SLGP) is a financed by the U.K
Government through its Department for International Development (DFID)
SLGP seeks “to enhance the capacity and effectiveness of Federal, State and Local
Government in a number of States in Nigeria, to formulate policy, manage resources
and support service delivery…” in order to primarily improve the circumstances of the
poor and disadvantaged.
SLGP has been working closely with the Kano State Government, a number of line
Ministries, water-related agencies, donors and a wide range of stakeholders
(including rural peoples) in facilitating the development of a new draft water supply
policy for Kano State.
The first draft of the proposed water supply policy was completed in consultation with
the above mentioned stakeholders and water sector actors in September 2005 and
was widely circulated. As can be gleaned from the attached consultant’s Terms of
Reference (Annex 1) the new draft policy should eventually lead to institutional, legal
and economic reforms for:
• improved water governance at the State and Local Government levels
• improved access to safe, adequate and sustainable water supply services for
the people of Kano State.
The consultants have been engaged by SLGP to facilitate and act as resource
persons in a workshop attended by a wide ranging number of water sector
stakeholders, resource persons, contributors and actors from Kano State and other
parts of Nigeria.
1.2 Purpose and Scope

The purpose of the workshop was to review and discuss the draft water supply policy
agree on specific areas of improvement and ultimately produce a clean copy of the
draft policy for presentation to the Kano State Government for adoption. It is
envisaged that adoption of the draft policy by the Kano State Government would be
followed up with an enabling law which would establish the necessary institutional
framework to give the policy full legal effect. The workshop was also meant to come
up with an agreed road map for the best way of ensuring the implementation of the
policy (see Section 5.0).
1.3 Responsibility
This report is based on the consultants’ professional knowledge and experience as
well as facts and interpretations arising from the events and outcomes of the
workshop. The consultants consequently take full responsibility for anything
contained in this report and the annexes authored by them.

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2.0 METHODOLOGY
2.1 Approach
The consultants’ approach involved the use of interactive group discussions, flip
chart and powerpoint presentations. Outcomes were obtained from plenary session
consensus (See group presentations – Annexes 2, 3 and 4).
2.2 Compliance with the Terms of Reference (ToR)

The Terms of Reference afforded 5-6 days for the consultants to prepare for, conduct
and complete the workshop report as well as produce a revised consensus draft of
the proposed Kano State Water Policy. It was envisaged that at the end of the
process two essential outputs and deliverables would be achieved, namely:
• Submit a revised final draft water supply policy for onward submission to the
Kano State Government.
• Submit a report documenting the process.
These deliverables were achievable and have been achieved as evidenced by this
report and the revised water supply policy draft attached to this report as Annex 8.
3.0 WORKSHOP
3.1 Day One – Morning Session
The workshop commenced in the morning of 16th May 2007 with the usual
registration procedures, once registration formalities had been completed the
workshop thereafter commenced.
The morning session commenced with an opening address by Alhaji Baffa Bello, the
Permanent Secretary, in the Kano State Ministry for Water Resources. Alhaji Bello
spoke positively of the relationship between SLGP and the Ministry and expressed
the hope that the workshop would be a major catalyst in the production of a draft
water supply policy for Kano State.
Alhaji Bello’s opening address was followed by a short speech by the SLGP
Programme Manager for Kano State, David Morley. Mr Morley gave a brief
background of the process thus far and pointed out the fact that SLGP were working
closely with WSSSRP STU in order to assist Kano State in adopting a suitable Water
Supply Policy. The SLGP Programme Manager concluded with the hope that the
workshop would afford the stakeholders present an opportunity to fully deliberate on
and improve (where necessary) the draft policy.
Short presentations were given by Dr. Ingo Leutiger. WSSSRP STU Coordinator,
Kano State, and Engr. Y.B. Karaye, the Managing Director Kano State Water Board.
Dr Ingo Leutiger gave a presentation on Experiences in Water Reform Policies with

particular reference to Africa. Dr Leutiger specifically gave examples of experiences
in Burkina Faso, Uganda, Kenya and Zambia.

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Engr. Y. B. Karaye also gave a presentation on the ‘Need for a Kano State Water
Supply Policy’. The presentation coming from a major player in the Kano State Water
Supply Sector was expectedly practical and incisive.
The workshop took a short break. Upon resumption, the morning session was
rounded off with a presentation from Engr. Mohammed Iliyas on the draft policy
objectives, fundamental principles and policy details. Mohammed Iliyas is a one time
Chief Executive of the Kaduna State Water Board. His insightful presentation was
meant to amplify the highlights of the policy and make further deliberations more
focussed.
3.2 Day One – Afternoon Session

During the afternoon session, Mohammed Iliyas gave another presentation outlining
the institutional structure proposed by the draft policy. At the end of Engr. Iliyas’
presentation participants were invited to make comments, ask questions and request
for clarifications on both his presentations. This was a totally interactive session and
questions that Engr. Iliyas was not in a position to answer or answer to the
satisfaction of those present were referred to all of the participants for discussion.
Annex 6 on general observations and questions, contains a general summary of the
questions, answers and observations taken during this session.
At the end of the above interactive session, legal consultant, Muyiwa Oluwokure,
involved in the production of the first draft water policy, made a presentation on the
legislative implications of the proposed draft policy. At the end of Mr. Olowokure’s
presentation the activities for day one were concluded by a very lively question and
answer session relating to this presentation and any other matter arising was
facilitated by Jonadab Metibaiye (See Annex 6).
3.3 Day Two – Morning Session

The morning session of day two commenced on 17th May 2007. This session was
devoted entirely to group discussions. Participants were requested to join one of
three groups which were formed around broad thematic areas of the draft policy.
In order to treat every aspect of the proposed policy, the three groups were given
ample time to discuss the thematic areas chosen by them. At the end of
approximately 2 hours of deliberations, group leaders were appointed by each group
to make presentations to the plenary session of their deliberations. Details of the
deliberations and conclusions reached can be found in the attached Annexes 2, 3
and 4.
3.4 Day Two – Afternoon Session

This session was characterised by further discussion in plenary and an attempt to
identify a consensus on the general areas where the draft policy required revision. It
was unanimously agreed that SLGP should constitute a small team of consultants to
revise the draft policy in line with this consensus and submit the revised draft to the
Government of Kano State for adoption. A communiqué was issued at the end of the
workshop which briefly outlined the major areas of consensus. The communiqué is
attached as Annex 7.

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4.0 REVISION AND UPDATING OF DRAFT POLICY

The three authors of this report met in Kaduna on 31st May 2007 to harmonise their
interpretations of the workshop’s conclusions and come up with a clean draft policy
for onward submission to the Kano State Government. At the end of this exercise a
clean draft water supply policy was produced and is attached to this report as Annex
8.
5.0 WAY FORWARD

Drafting of a water supply policy is only a first step in the process of achieving overall
reforms of the water supply sector in Kano State. The following actions need to be
taken for implementation of the policy to commence.
• Adoption of the policy by the State Government. This may involve the
following stages:
o Kano State Ministry of Water Resources submit the draft policy to the
Ministry of Justice for comment
o The State Ministry of Water Resources prepares a memo to the State
Executive Council for consideration and approval
o The approved policy should be submitted to the Ministry of Justice in
order to prepare the draft laws (as recommended by the policy) for
submission to the State House of Assembly
• New draft legislation for the proposed policy and institutional changes should
be sent to the State House of Assembly
• Development of a detailed implementation strategy and time bound action
plan
• Commence implementation of the action plan
6.0 CONCLUSION
The consultants remain optimistic that the dawn of a new era in water supply
governance in Kano State is well within reach.
7.0 ACKNOWLEDGEMENT
The support and cooperation of the following persons during this consultancy and
particularly during the Workshop is hereby appreciated and acknowledged; Alhaji
Baffa Bello (Permanent Secretary, Ministry of Water Resources), Engr. Kabiru Khalil
(Past Chairman Kano State Water Board), The Managing Director ( RUWASSA),
Alhaji Sanusi U. Dambatta (Ministry of Water Resources, Kano State), Engr Y. B.
Karaye (Managing Director, Kano State Water Board), WSSSRP Kano State STU,
David Morley, Zaynab Lukat, K.C Egere other SLGP staff.

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Annex 1
Terms of Reference
Production of Final Draft Water Supply Policy for Kano State
Background
State and Local Government Programme
In November 2000 the UK’s Department for International Development
commissioned the State and Local Government Programme (SLGP) to run for six
years in four selected locations (initially Benue, Ekiti, Jigawa and Enugu, and
presently Jigawa, Enugu, Lagos and Kano). The programme was designed to
enhance the capacity of State and Local Governments in Nigeria to manage
resources and provide improved delivery of services, in the interest of the poor, in a
transparent, accountable and responsive manner.
The purpose of SLGP is to enhance the capacity and effectiveness of federal, state
and local government in chosen states, and at federal level, to formulate policy,
manage resources and support service delivery in the interest of poor people. The
programme also intends to further this process in other states by dissemination of
lessons learnt and through influence on other donor initiatives. More information on
SLGP can be found at our web-site at www.slgpnigeria.org.
Draft Water Supply Policy

One of the approaches being followed by SLGP to promote governance change is
through Issues Based Projects (IBP). IBPs seek to bring about sustainable
institutional reform by tackling a particular issue, in this case water supply
management.
Under the Nigerian Constitution, water supply is a responsibility shared by the three
tiers of government: the Federal Government, State Government and Local
Government. At the Federal Level, the Federal Ministry of Water Resources have
produced a draft National Water Supply Policy. This policy will provide guidance for
the revision of the current National Water Supply and Sanitation Policy (NWSSP)
approved in 2000. This policy is based on the following principles: decentralisation,
community participation and ownership, cost sharing arrangements between three
levels of services, autonomy of service providers, water as an economic good, water
quality control, involvement of the private sector, and the possibility of subsidies to
ensure access by the poorest. At the State level, the Kano State Water Board is
responsible for water supply in the greater Kano area, and the semi-urban towns.
While the Rural Water Supply Agency is responsible for rural water supply. Local
Governments also invest in water supply and subsidises water within their areas of
jurisdiction.
The Kano State Government recognises that the supply driven approach requires
review, yet to implement an effective demand driven approach to water supply
management is a major challenge. Based on this, the Kano State Water Board
through the Ministry of Water Resources requested for support in developing a State
water policy in line with the principles of the NWSSP.

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In September 2005, SLGP supported the development of a new water supply policy
for the Kano State. The principal objective of this support was to review the current
situation with respect to domestic and industrial water supply and help the Ministry of
Water Resources and Kano State Water Board develop a new water supply policy
which would lead to institutional, legal and economic reforms for:
the people of Kano State
Very recently, SLGP sponsored a two day workshop to facilitate views and
comments of stakeholders regarding the draft water supply policy and to develop an
agreed road map for implementation of the policy.
Objective of the Consultancy

The objective of this consultancy is to finalise the draft water supply policy for Kano
State, incorporating valid comments and recommendations and produce a water tight
draft for the KSG to legislate on.
Tasks
Resource Person
• Make presentations on the major aspects of the draft water supply policy.
• Take questions and comments
• Facilitate group discussions on the major aspects of the draft water supply
policy
• Prepare a report on the workshop.
• Taking into consideration comments and recommendations made during the
water supply workshop, make all relevant and necessary amendments to the
draft water policy’s provisions.
• Ensure the document conforms to relevant water supply standards as set by
the Federal Government or other relevant body.
• Produce a final draft which will contain all vital provisions and
recommendations
Facilitator
• Participate in the 2-days workshop
• Facilitate group discussions on the major aspects of the policy and work with
at least work with one group in detail.
• Work with the workshop secretariat as a reporter to record the proceedings
• Work with the workshop secretariat to prepare the workshop communiqué
• Submit collated workshop comments to resource person
• Review the final draft water supply policy and ensure all legal and legislative
provisions are practical and within the Laws of Nigeria.
• Work with the resource person to produce a final draft.
Expected Outputs and Deliverables

The outputs are as follows:
• Submit new draft final water supply policy for KSG
• Documentary report.

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Inputs
Competency and Expertise Required
Resource Person
She/he will be a national consultant with at least 15 years of experience in water and
sanitary engineering. The consultant will also be a specialist in water supply
institutional management with vast experience particularly in the development of
institutions in the Nigerian water supply sub-sector.
Facilitator
She/he should be sufficiently familiar with the proposed Kano State draft water
supply policy produced in 2005, and preferably shall have participated in the
development of the document. The facilitator will also be knowledgeable with regards
the legal, legislative and regulatory aspects of the proposed new water policy for
Kano State.
Timing of Inputs
Consultant Preparation Days in Report Finalisation of Total

and travel Field Writing Draft Water
Supply Policy for
KSG
Resource 2 2 1 1 6
person
Facilitator 1 2 1 1 5
Logistics and Administrative Issues

SLGP will provide local transport, and access to office support. The consultants
should provide their own computers.
Please refer to the SLGP quality assurance procedures, which provide details
regarding report deadlines and formatting. These are available from SLGP on
request.

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Annex 2
Group Presentations
GROUP 1
Page 13
Statement 1: Remove word eventual
Statement 2: We should adopt National Policy
Statement 3: Accepted
Statement 4: Replace “may” with shall
Statement 5: maintained
Statement 6: Remove the word “eventually” and add in “the long run at the end of the
statement”
Statement 7: Add “if” between the words “that” and “maintained”
Page 20:
Statement 1: Remove the word “shall” with “should” and remove the last sentence
Statement 2: Add “by the Regulator” at the end of the statement
Statement 4: Replace the word “may” with “shall”
The statement under Autonomy and Service Providers is accepted

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Annex 3
Group Two Presentation
1. Full community involvement in all stages of water supply is necessary
2. While it is agreed that the ultimate objectives of the policy is that the
communities shall be responsible for their water supply in all rural, semi-urban
and urban, the level of role of the community in water supply shall depend on
the classification of the area; urban, semi-urban and rural. It is therefore
recommended that policy should focus the role of the communities as follows:
• In the rural areas the community shall own the assets and manage same
through WCAs
• In urban areas the communities shall only manage the system through
Board of Directors established by the WCAs.
• However, we noted that some latent issues in asset ownership particularly

in urban areas, which may take the form of lease or some other dimensions
as might be dictated by future needs
3. The institutions outlined in the draft policy are acceptable
4. WRA shall be comprised a body of professionals and experts
5. As for the appointment of the Regulator, it was proposed that this shall be done
by the WCA through the Board of Directors and should include members of civil
societies and professional bodies in the following ration:
• Government 40%
• Private sector 35%
• WSA 25%
The aim is to make the regulatory agency more independent from government
domination.
External support Agencies shall provide support in accordance with their agreement
through their national support agreement with the Federal Government
All in general we should talk about full cost coverage.
Disagreed with the replacement of may with shall
The policy assumed that the community represents the whole community. What
happens to those who opted not to belong to the association? WCA represents the
majority. Thus not all members of the community need to be in agreement with the
association.

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Annex 4
Group Three Discussions – The Role of Government
1. Present role of Government in Water Supply and how has this role
affected the sustainability and reliability of the system.
a) Government is the alpha and omega in water supply but does not have
enough resources to ensure sustainable supply.
b) Kano State should as much as possible follow the National Water

Policy.
c) The Government should pay for capital expenditure
d) Communities, particularly in rural areas can contribute to capital

expenditure in cash or in kind.
e) Government should protect and ensure hygiene and sanitation of water

systems
f) Community and private partnership to be encouraged.
2. What role should Government play in order to make water supply to

consumers sustainable in the state
a) Government should provide technical support.
b) Government should be involved in setting standards
c) Government should sensitise people
d) Communities in Rural and Semi – Urban Areas to take over O & M.

Local Governments may subsidise.
e) Data Collection (including Hydrology) and Capacity Building (continuous

training) must be financed.
f) Review and update Monitoring & Evaluation methods (Refer to Kano

Seeds)
g) Government responds to M & E
3. Should Government continue to be a service provider
a) As far as Government competes on an equal basis with other Water

Service Providers it can operate as a Water Service Provider.
b) Government must exercise a will to change and should not interfere
4. Comments on the legal implications of the proposed water policy
a) Setting tariffs should be separated from approval.

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b) The proposed law as presented in the workshop is acceptable
Group Three Presentation
• Government is currently the Alpha & Omega in WS but they do not have
adequate resources to ensure sustainability.
• Government should provide funds for capital projects for urban water supply
projects. For small towns/Rural communities the community / private sector
should be encouraged to participate
• Government to provide technical support.

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Annex 5
Questions, Answers & Observations (1)
1. Question: Does the Institutional structure belong to the policy?

Answer: The policy should not include the Institutional structure. It should come in
the strategy for implementation/action plan
2. Question: How can we break the monopoly of Government in water supply?

Answer: By encouraging private sector participation in water supply
3. Comment: There is need to set target for the involvement of women

Answer: There is no need to give any figure for the involvement of women in water
supply.
4. Comment: There is need to clarify what a village constitute in terms of population
5. Societal re-orientation is a government agency as recommended in the draft policy,

there is need to engage civil society organisations to sensitise communities about the
changes that will emerge.

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Annex 6
Questions Answers & Observations (2)
• Question: Has the draft been presented to the State House of Assembly?
Consensus Answer: No
• Question; should institutional structure appear in the policy.

Consensus Answer: Not necessarily.
• Question: How does Hadejia Jama’are River Basin Authority fit in to the policy?
Consensus Answer; Hadejia Jama’are is administered federally; efforts should
be made to ensure that the State policy ties in with the national policy.
• Question: Who is responsible for ensuring rural people get water?

Consensus Answer: Primarily, the WCAs
• Question: Who appoints the Water Regulatory Commission (WRC)?

Answer from the floor: The Governor
• Question: Where is the evidence of integration of all the proposed actors?

No Answer
• Question: What are the roles of the bodies named in the draft? There appears
to be duplication.
Answer From the floor: Duplication can be streamlined when the draft
legislation is being put together.
• Question: Setting Tariffs and approving tariffs are the same thing why the
distinction.
Answer from the floor: Approving water tariffs is highly political; it is unlikely that
any Governor would relinquish this power.
• Comment: Hygiene should be included in the policy.
• Comment: Private Sector participation should be addressed.
• Question: In terms of numbers what constitutes a ‘village’ (community).

Consensus Answer: A flexible definition would be better.
• Comment: Civil Society needs to be involved in public awareness.
• Comment: The policy needs to be specific on issue of subsidy by Local

Government Authorities.
• Question: Will waiting for the policy to be adopted not delay intervention.
Consensus Answer: Intervention has already started.
• Question: Is Decree 101 (Water Resources Law) still applicable.

Answer from the floor: The law is being revised a replacement law is expected
any time from now.

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• Comment: Child Education should be included in the policy.
• Question: How will the WRC be funded?

Answer from the floor: The WRC should be funded by the private sector.
• Comment: Communities must be carried along.
• Comment: There should be more than one Water Consumer Association

(WCA) per community.
• Comment: WCAs and Water Service Providers (WSPs) should recommend

composition of the WRC. There should be no Government involvement in
setting tariffs.
• Comment: Consumers should have the right to review tariffs.
• Question: Is it possible to stop politicians from promising free water?

Answer from the floor: It will be difficult but politicians who do will be exposed
as unreliable, as it is impossible to provide free water on a sustainable basis.
• Comment: It is not all decisions that can be taken by WCAs; a distinction

should be made between what communities can decide on and what they can
not decide on.
• Comment: There must be a level playing field between Government-owned

WSPs and privately owned WSPs.

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Annex 7
Communiqué
Workshop On Kano State Water Supply Policy

Held At Tahir Palace Hotel from 16th to 17th May 2007
Workshop Communiqué
1. The members totally agreed that “Everyone in the state shall have equal access to
safe reliable water supply”. We not also that the provision is a motivation to
government to try as much as possible to ensure that everyone has access to
some level of water supply but does not give individual a right to take supply
agencies to court for lack of access to water supply.
2. We note that Nigeria has now a water quality standard – “the Nigerian Drinking
Water Quality Standards”. Consequently, this standard should be the reference
point rather than WHO standard or guide line. Consequently, the paragraph under
the Water Quality on Page 10 should be replaced to reflect this. Similarly, the
regulatory body must also comply with the National Standard when prescribing
quality standard. Consequently, the policy statements under Water Quality (page
10) should be accordingly modified.
3. We note that policy made reference to water quality, construction standards, codes
established by regulatory body. We feel that this could imply the invention of new
standards. It is suggested that these standards codes etc should be in accordance
with the relevant standards instead of saying that “a regulatory body shall issue
that”
4. While it is agreed that the ultimate objectives of the policy is that the communities
shall be responsible for their water supply in all rural, semi-urban and urban, the
level of role of the community in water supply shall depend on the classification of
the area; urban, semi-urban and rural. It is therefore recommended that policy
should focus the role of the communities as follows:
• In the rural areas the community shall own the assets and manage same
through WCAs
• In urban areas the communities shall only manage the system through Board
of Directors established by the WCAs while the assets should remain in the
ownership of the government or supplier under an agreed condition.
• However, we noted that some latent issues in asset ownership particularly in
urban areas, which may take the form of lease or some other dimensions as
might be dictated by future needs
5. The introduction of a regulator in the water supply system is welcome. Steps

should be taken ensure the independence of the regulator. As for the appointment
of the Regulator, it was proposed that this shall be done by the WCA through the
Board of Directors and should include members of civil societies and professional
bodies in the following ration:
• Government 40%, Private sector 35%, WSA 25%.

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Annex 8
Revised Draft Policy
Kano State GovernmentDraft Water Supply Policy Document

Version 2 May 2007
Table Of Contents
1.0 Executive Summary
2.0 Introduction
3.0 The Present Situation
4.0 Policy Objectives
5.0 Fundamental Principles
6.0 Policy Details
7.0 Institutional Structure
8.0 Legislative Implications
9.0 Way Forward
Abbreviations & Acronyms

DFID Department for International Development
JICA Japanese International Cooperation Agency
K-SEEDS Kano State Economic Empowerment and Development Strategy
KnSWB Kano State Water Board
LGA Local Government Area
M&E Monitoring and Evaluation
NEEDS National Economic Empowerment ands Development Strategy
NGO Non governmental Organisation
O&M Operation and Maintenance
PPP Private Public Partnership
RUWASSA Rural Water Supply and Sanitation Agency
SLGP State and Local Government Programme
UNICEF United Nations Children’s Fund
WCA Water Consumers Association
WIMAG Water Investment Mobilisation and Application Guidelines
WRC Water Regulatory Commission
WSA Water Supply Agency
VBWSHE Value Based Water, Sanitation and Hygiene Education

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1.0 Executive Summary
This document presents a Draft Water Supply Policy for Kano State. It is the starting
point towards development of a water policy for Kano State.
The Draft Policy Document was prepared by the DFID funded State and Local
Government Programme (SLGP) in September 2005. SLGP hired a team of local and
international consultants with expertise in water supply policy, who, through the review
of numerous reports and documents and extensive information gathering meetings
with stakeholders, developed the proposed new policy. The document has been
subjected to stakeholders discussions through a workshop held from 16th to 18th May
2007. Prior to this, copies were distributed to key government stakeholders for
comments and suggestions for improvement of the initial draft. The stakeholders’
comments are incorporated in this final draft Policy and have been submitted for
approval by Kano State Government.
The purpose of the new policy is to document the decisions and fundamentals that will
form the basis for future development, operation and management of the water supply
sector in Kano State. The policy will establish the basis for legal, institutional and
economic reforms in the water sector that will lead to:
• Improved water governance at the State and Local Government levels
• Improved access to safe, adequate and sustainable water supply services for
the people of Kano State.
In Kano State, the water supply sector has over the years been organised and
managed in a top-down, supply-drive fashion. Decisions concerning water supply in
the state are taken exclusively by government and government has a monopoly over
the implementation and operation of water systems. For a number of reasons, this
system has failed to produce the required results, and in 2006 it was estimated that
over half the population of the state, comprising about 5.0million people, do not have
access to safe and reliable potable water supplies. This is having extremely dire health
and economic effects on the people of the state.
The new policy proposes sweeping changes in how the water sector is organised and
managed in the state. It is in-line with current thinking and approaches being promoted
by the Federal Government and therefore will enable Kano State to take advantage of
funding that may be available from the Federal Government1. The policy is consistent
with the National Water Supply and Sanitation Policy in most parts, the National Rural
Water Supply Programme Strategic Framework developed by the Federal Ministry of
Water Resources with the contribution of all the 36 States of the country and the
Federal Capital Territory and the Federal Government proposed Sample State Water
Supply Regulatory Law. The policy is also consistent in many ways with approaches
that are being successfully implemented in other developing countries. Some of the
key fundamental principles of the proposed policy are as follows:
• A new approach to water supply is required that is a ‘bottom-up, demand-
driven’ approach as opposed to the current ‘top-down, supply driven’ approach
• Decision making should be devolved to the lowest possible administrative level
1
The Federal Government has prepared a document called WIMAG (Water Investment Mobilization and
Application guideline which will enable the implementation of the cost sharing agreement between the
Federal, State and Local government and communities for the implementation of water supply projects.
Funding will be provided by the Federal Government to States who agree to adopt reforms that will lead to
a more sustainable water supply in the country.
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• Communities should be involved in decision making, ownership and operation
of water supply systems
• Capital costs should be shared between the three levels of government and the
community
• Water is an economic good and should be paid for – the government cannot
provide water to its citizens for free
• Government should move away from being a provider of services and focus its
efforts on facilitating, co-ordinating, planning, financing and monitoring
development
• The private sector needs to take the leading role in provision of water service
• The water sector needs to be regulated to protect the consumer and to ensure
its long term sustainability
• Cooperative government is critical to the success of the sector
• Access to water supply for the poor needs to be guaranteed, and this may
require both cross subsidies and government subsidies
• These principles are consistent with the four key strategies of the National
Economic Empowerment and Development Strategy (NEEDS) which aims
• to reform government and institutions to restructure, right size and strengthen
so as to improve service delivery
• to grow the private sector by reducing the influence of government and
accelerate privatisation, de-regulation and liberalisation with a particular focus
on economic infrastructure
• to begin to implement a social charter to improve people’s access to, among
other things, health, welfare, empowerment and participation
• to attempt value reorientation and focus on the private sector and enhancing
the role of civil society among others
The fundamental principles of the proposed policy are also in-line with the principles of
the Kano State Government as articulated in K-SEEDS.
The policy proposes a new institutional structure for the water sector in the state that is
profoundly different than what currently prevails. The structure is based on community
ownership and management of water systems in rural and semi-urban areas while in
urban areas, most major water supply systems will remain in the ownership of the
State government but managed commercially through suitable private public
partnership (PPP). Small independent private service providers will also be organised
and encouraged. Communities in rural and semi-urban areas will elect or appoint a
Water Consumers Association (WCA) that will be responsible for managing a
communities’ water supply system, and will be accountable to the consumer. The
WCAs will hire private sector Water Service Providers (WSPs) to carry out operation
and maintenance of the systems; however, in a small rural setting the WCA may fulfil
the function themselves. The role of government will gradually move from being a
service provider to being one of establishing policy and legislation, facilitating change,
creating the enabling environment for success in the sector, providing technical
assistance to the sector, developing standards for the sector, gathering data and
preparing long term master plans. However, the government will still be able to operate
as a service provider if they choose to, but will have to compete against private sector
firms. While in the long term, WCAs will eventually be formed in urban areas to own
and manage the urban water supply, the short and the medium term objectives will still
leave the government as the main provider of the massive funds needed for
infrastructural development in the water sector in urban, semi-urban and rural areas.

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The policy proposes that government stop subsidising operation and maintenance of
water systems, and that the consumer pay all costs of system operation and
maintenance including eventual replacement of systems. It is proposed that capital
costs be primarily funded by the three levels of government, also with a small
contribution from the communities to instil the sense of ownership. If government
discontinues funding operation and maintenance and redirects its funds to capital
works, full water coverage across the state can be achieved in time. The policy also
proposes that the WCAs will determine water rates and tariffs, and this implies that
different locations will have different tariffs. The WCAs will develop systems within their
water rates and tariffs to enable affordable access to the poor. If this cannot be
satisfactorily accomplished then subsidies could be provided, and this is proposed to
come from the LGAs and not the state government. Where subsidies are provided,
they would need to be arranged in such a way that maintains accountability between
the consumer and the water service provider.
Several legal changes will be required to implement the new policy. Instead of
attempting to modify a number of existing laws, it is proposed to repeal the existing
laws and create one new all encompassing law for the whole sector in-line with the
requirements of the new policy.
The changes envisioned by the new policy are considerable, and someone will need to
lead the process of change. The policy proposes the creation of a Change
Management Office within the Ministry of Water Resources whose function will be to
drive the process of change forward.
A well developed long term plan for implementation of the policy will be required, but
this should only be prepared once the policy has been agreed to.
2.0 Introduction
This document presents a Draft Water Supply Policy for Kano State. Kano State
currently does not have a water policy. There are overlaps and gaps in the current
structure of the water sector in the state and there is a lack of clarity in who is
responsible for what. As a result of this and other issues, water service to residents of
the state has been very poor over the years. Improving water supply is one of the
priorities of the Kano State Government and there is a need for a comprehensive water
policy for the state as a basis for moving forward with improvements. Kano State
requested SLGP for assistance in developing a water policy and a team of consultants
was hired to prepare this draft policy for consideration by the state.
This Draft Policy document is a starting point in developing a water policy that will be
adopted by the State Government. This document has been subjected to stakeholders`
discussions through a workshop held from 16th to 18th May 2007. Prior to this, copies
were distributed to key government stakeholders for comments and suggestions for
improvement of the initial draft. The stakeholders’ comments are incorporated is this
final draft Policy for approval by Kano State Government.
This document presents a review of the water supply situation in the state. This is
followed by a discussion of the objectives and main principles proposed for a new
policy, the proposed policy statements, and the proposed institutional structure and
legislative reforms that will be required to implement the policy.

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Water supply is inextricably linked to other issues such as water resources
management, sanitation and environmental management. These issues are mentioned
in this policy, but there is a need to further address these issues in terms of how they
relate to water supply in the ultimate State Water Policy and Environmental Sanitation
Policy which may be developed by the State eventually.
3.0 The Present Situation

Water supply in the state is managed by a number of different government
organisations at the federal, state and local government level. Organisations and
agencies that have been involved in water supply in recent years include:
• Federal Ministry of Water Resources Department of Water Supply and Quality
Control
• Hadejia Jama’are River Basin Development Authority
• Kano State Ministry of Water Resources and Rural Development
• Kano State Water Board
• Kano State Rural Water Supply and Sanitation Agency (RUWASSA)
• Kano State Agricultural Development Authority
• Local Government Authorities (44 in Kano State)
• External support agencies such as the World Bank, UNICEF, DIFD, JICA, etc.
• The private sector has also gotten involved where selected opportunities have
arisen to satisfy consumer’s needs.
Despite the efforts of these various players for several years, the water supply situation
in Kano State remains very poor. Based on the 2006 National population census, the
population of Kano State is 9.383million. It is estimated that more than half the
present population, or approximately 5.0million people, does not have access to safe,
reliable and affordable potable water supplies. This does not mean that people are
going without water, as water is essential for human survival. It means that they are
obtaining their water from alternative sources. These alternative sources are usually
very costly, often impose high labour requirements for fetching water, and the quality
may be suspect. And it is usually the poor or lower income earners that are forced to
get their water from these alternative sources. Clearly, the water sector is not
delivering adequate service to the people of the state.
This situation is a result of the combination of many factors, including:

a) The level of investment in the sector has not been adequate to match the rapid
population growth
b) Investment has focused on capital works rather than on operation and
maintenance, resulting in deterioration of systems.
c) Operational costs are high due to poor power supply, high treatment
requirements for surface water sources and long pumping distances.
d) Water has been treated as a social service by government, and there has been
a lack of emphasis on cost recovery. This combined with high operational costs
and lack of focus on operation and maintenance has made systems
unsustainable.
e) Lack of long term planning (creating a situation of responding to emergencies,
and ineffective use of both operational and capital funds).
f) Very low skills base in the sector, and it is contained within a few government
agencies where motivation is low.
g) The private sector has not developed to support the industry (because the
water sector has been controlled by the government for many years)

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h) Lack of coordination in the sector, and duplication of efforts between the
various organisations. The net result has been ineffective use of funds that
have been available
i) Poor planning and tendering practices, corruption and favouritism within
government have led to ineffective use of funds
j) Water supply has been delivered from the ‘top-down’ with government making
all the decisions. There has been very little input from consumers, which has
impacted on their willingness to pay for service.
The proposed policy has been developed to address all of these issues. Given the
extent of the current problems and the level of inadequately serviced water consumers,
the challenge of improving the water supply situation is enormous.
A business as usual approach or making minor adjustments to how the sector is

organised and managed will not suffice. Profound changes in the thinking, policies,
organisational structure and management of the sector are required if improvements to
the water supply situation in state are to be achieved within the foreseeable future.
4.0 Policy Objectives

The objective of the water policy is that institutional, economic and legal reforms it will
lead to:
the people of Kano State
Specific targets for improvement in the water sector have not been established as part
of the policy, but this would be confirmed in preparing the detailed implementation
strategy for the policy. It is envisioned that in the future, all citizens in Kano State will
have access to safe, reliable and sustainable water supply. In developing specific
targets, the question becomes how quickly can the state move from where it is now, to
where it wants to eventually get to. Kano SEEDS indicates that from 2005 to 2007 the
objective is to increase levels of access to safe and reliable water supply from the
current estimated level of 37.5% to 50%. This represents a 1/3 increase.
5.0 Fundamental Principles

The policy is based on a set of fundamental principles and guiding philosophies as set
out below. The principles and philosophies are in-line with the current thinking and
direction of the Federal Government of Nigeria and current trends in the water sector
as well as other sectors in developing countries, designed to improve service delivery.
Some of the fundamental principles are included based on the belief that they are
appropriate for the particular situation in Kano State, and in some cases these are an
extension of the Federal Government principles. Most of the principles are also in-line
with Kano SEEDS.
i) Better water supply is a priority of the Kano State Government

ii) People are unhappy with the present situation and they want change.
iii) The current supply driven ‘top-down’ approach to water supply is not delivering
adequate levels of service to Kano State residents
iv) A new approach to water supply deliver is required – and it should be a
demand driven, ‘bottom-up’ approach
v) The policy should be in accordance with NEEDS, which includes:
• Reforming and re-professionalising government institutions

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• Growing the private sector
• Empowerment and participation of people, enhancement of civil society
• Value re-orientation and not ‘business as usual’
vi) Kano State policy should be in-line with federal water policies and programmes
(for example National Rural Water Supply Programme and National Small
Towns Water Supply Programme) to take advantage of funds available from
the federal government and external agencies. Principals of federal water
policies include the following:
• Decentralisation
• Demand driven
• Community participation and ownership
• Cost sharing between three levels of Govt
• Autonomy of service providers
• Water as an economic good
• Water quality control
• Involvement of the private sector
• Possibility of subsidies to ensure access for the poor
vii) Consumers are willing to pay for water if a reliable level of service is provided
(this is demonstrated by the fact that many consumers purchase their water
from private providers)
viii) The poor are often paying the highest cost for water. The policy must change
this
ix) The community has shown a desire to get involved in the management of water
supply schemes, especially through their local community development
associations
x) Consumers should pay for water based on level of service provided. This
should include a contribution towards capital cost, the cost of system O&M,
management, future replacement and regulation of the sector
xi) Government should discontinue funding the operation and maintenance of
systems
xii) Government should provide the majority of capital financing for rehabilitation of
existing systems and construction of new systems (including expansion of
systems). After a system has been rehabilitated or newly constructed with
government capital contributions, the future rehabilitation or replacement of that
system should be funded entirely by the consumer
xiii) At the same time, there must be access to safe water in reasonable quantities
at an affordable cost for the poor, and subsidies need to be accommodated
where required.
xiv) Where government chooses to subsidise the cost of water to consumers, this
should be done at the LGA level, and must be done in a way that maintains
accountability between the service provider and the consumer
xv) Politicians should not promise free water to consumers – this is not sustainable
xvi) Government should phase out of being a provider of water supply, and instead
should be a supervisor and regulator, facilitator of change and create the
enabling environment for success
xvii) Policy should aim to empower people, deepen democracy and strengthen civil
society
xviii) Women as major stakeholders in water use should play a major role in all
aspects of the water sector. Youth should also have a voice in water supply
issues.
xix) Policy should be based on devolution of decision making and service delivery
(decision making and accountability at the lowest possible level)
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xx) The private sector should have a major role in the water supply sector and
water supply should be an engine for private sector job creation and economic
growth
xxi) Involving the private sector does not mean privatisation. The principle of the
policy should be community based ownership, not private ownership of water
supply assets, however, private ownership should be allowed where it is
beneficial
xxii) Goods and services used in the water sector in Kano State should be procured
locally where possible
xxiii) Widespread enhancement of knowledge and skills in the water sector is a
priority
xxiv) Standards and criteria for design, construction, service delivery, water quality
and development of water supply systems need to be developed and enforced
xxv) Sanitation and hygiene go hand-in-hand with water supply, and the policy must
address these issues. Women and children will be centre-stage in promoting
better sanitation and hygiene practices
xxvi) Sustainability of water systems needs to become part of the planning process,
and government funds should not be invested in water systems unless long
term sustainability can be demonstrated
xxvii) There is a lack of coordination and control in the water sector, and the policy
needs to address this
xxviii) Cooperative government is essential for sustainable water supply delivery
xxix) Demand management is an essential ingredient to long term sustainable water
supply, and the policy should address this
xxx) Protection of water resources from environmental contamination is essential for
long term sustainable water supply provision
xxxi) Water supply development and operations must not cause adverse
environmental impacts
xxxii) The new policy should be viewed as a long term objective to work towards, and
it may take several years to implement all aspects of the policy
xxxiii) It is not possible to go from the current situation to the realisation of the new
policy objectives overnight
xxxiv) There will need to be a well planned and executed transition towards the new
policy
7.0 Policy Details

The details of the policy are presented below. To meet the objectives of improved
governance and improved access to safe and reliable supplies, a regulatory body shall
be established. Other new agencies and bodies will also be required. These entities
are mentioned in the policy items below and details of them are given in subsequent
sections.
Access to Water Supply

Water is essential for human life and enabling access to a safe and reliable water
supply to all persons in the state should be a key development policy of the state
government.
A safe and reliable water supply can be defined as:
“Water that meets or exceeds safe water quality standards and

minimum quantity standards is available on a regular basis”

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A safe and reliable water supply is a pipe-borne supply or a supply from a hand pump
borehole or open-well that has been confirmed through testing to meet the minimum
quality and quantity standards. Water supply from a pond or stream or an open-well
that may be contaminated does not qualify as a safe or reliable supply.
Kano State SEEDS indicates that approximately only 37.5% of the population of the
state has access to safe and reliable water supply. The objective of the state
government should be to increase access to 100% of the population over time. This is
essential for the well-being of the state population, as non-access to safe water supply
is a major contributor to poor health and poverty of the general population.
It is important that all people in the state have the same rights of access to safe and
reliable supply. Access should not be denied based on where people live, what income
group they are in, their religion or tribe, etc:
Policy Statement 1:
Everyone shall have equal access to safe and reliable water supply
While it is proposed that equal access to safe and reliable supplies is a policy of
government, this does not mean that government has to provide the water supply or
pay for it. It simply means that no individual or group can be denied access – how that
access is accomplished is a separate issue that is dealt with under different aspects of
the policy. It also needs to be recognised that there may be locations in the state
where providing safe and reliable water supply may be very difficult from a technical
standpoint. Although people who live in such areas cannot be denied the rights of
access to safe and reliable supplies, they also need understand that they may have to
make a choice between a high cost water supply, or moving to a location where water
supply is more readily available.
Minimum Standards of Supply

To have effective, affordable, consistent and sustainable water supply, it is necessary
to establish minimum standards of supply and also to enforce these standards. These
minimum standards relate to both quality of water and quantity provided. Each of these
is discussed below
Water Quality
To ensure the health of the residents of the state, a minimum water quality standard
needs to be established. Water supply systems need to be designed and constructed
to satisfy this standard and water supplies need to be monitored on a regular basis to
ensure compliance with the Nigerian Drinking Water Quality Standard issued by the
Standards Organisation of Nigeria (2007).which establish the water quality standard to
be used and the frequency of water quality testing. The regulatory body will ensure
compliance with this standard. The body will also establish a list of certified
laboratories where water quality testing is to be performed. It is proposed that these
will be private sector laboratories, but government laboratories could also be certified.

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Policy Statement 2:
a. All water supply systems in the state shall supply water that meets or exceeds
safe water quality standards prescribed by the Nigerian Standard for Drinking
Water Quality No. ICS 13.060.20 and subsequent reviews issued by the
Standards Organisation of Nigeria
b. The quality of water supplied from all water supply systems in the State shall be
monitored on a regular basis in accordance with procedures established by
the Nigerian Standard for Drinking Water Quality.
Quantity of Supply
The regulatory body will also establish minimum standards for quantity of supply.
Water supply systems would be designed and constructed to satisfy the prescribed
standards and systems would be monitored on a regular basis to ensure compliance
with the standard.
Policy Statement 3:
a. All water supply systems in the state shall supply safe water in quantities that
meet or exceed the minimum quantity standards prescribed by the regulatory
body
b. The quantity of water supplied from all water supply systems in the state shall
be monitored on a regular basis in accordance with procedures established
by the regulatory body.
The choice of standard will be determined by the regulatory body, and this can be
changed from time to time. As a starting point, the following minimum supply
standards, taken from the National Water Supply and Sanitation Policy (Jan 2000)
shall apply:
Rural
Settlements with population up to 5,000.
• 30 litres per capita per day, within 250 metres of the community, serving 250-
500 people per water point
Semi-Urban (Small Towns)
Settlements with population between 5,000 to 20,000 and having a fair measure of
social infrastructure and some level of economic activity. (Note: for Kano State it is
recommended that all LGA headquarters outside of Greater Kano area be
considered as semi-urban despite the fact that population may be greater than
20,000)
• 60 litres/cap/day – systems shall have reticulation and limited or full house

connections as determined by the beneficiaries

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Urban (Greater Kano)
• 120 litres/cap/day – systems shall have full reticulation and consumer

connections2
System Design and Construction Standards

To have an effective, affordable, consistent and sustainable water supply sector in the
state over the long term, it is necessary to establish standards for design and
construction of systems. At the present time, there are no accepted standards in Kano
State and to the best of the consultant team’s knowledge there are no standards on a
national basis either.
The regulatory body will establish and enforce design and construction standards that
will apply to all water supply systems in the state. The standards would be developed
in conjunction with the Ministry of Water Resources and the proposed Water Supply
Agency, as they will be the bodies that have the technical expertise to do this. The
agreed standards would then be adopted by the regulatory body. The
Regulatory body would also enforce these standards, but would delegate much of the
enforcement activities to the Water Supply Agency.
Design standards and standardised designs will be required for all water supply
system components including hand pump boreholes, motorised boreholes, tube wells,
surface water extraction systems, treatment works, pumping systems, pipelines,
storage reservoirs, distribution system piping, service connections, metering etc. For
clarification, design standards are written statements which relate to how a system is
to be designed, the capacity of a component or materials and manufacturing
processes used, and often reference other standards for quality control. An example
could be “all systems shall include elevated storage tanks sized for 12 hours of
average consumption”. Standardised designs on the other hand, are usually
engineering drawings showing how a certain component of a system is assembled or
constructed, for example a drawing of an elevated storage tank showing dimensions,
piping arrangements, foundation requirements, etc.
Construction standards, which are really quality control measures, will also need to be
developed for various works that get constructed in water supply systems, including
civil works and structures, electrical and mechanical works, and instrumentation and
control systems. Examples of construction standards are procedures for pump testing
of boreholes, procedures for testing of concrete samples, etc.
2
It should be noted that Kano SEEDS specifies higher per capita rates than this, of 40-70 l/c/d for rural,
70-120 l/c/d for semi- urban and 150 l/c/d for urban.. If consumers want higher quantities of supply, then
they should be given that choice based on their willingness to pay for the higher level of service.

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Policy Statement 4:
a. All water supply systems in the state shall be designed and constructed in
accordance with the standards, codes and regulations established by the
regulatory body.
b. The regulatory body will monitor all water systems design and construction work.
Water systems in the state shall only be constructed based on designs
approved by the regulatory body, and constructed systems shall only be put into
use upon approval of the regulatory body.
Sustainability, Pricing and Cost Recovery

For a water supply system to be sustainable in the long term, the system needs to
generate internal revenue adequate to cover all costs of operating the system (O&M
and management) plus the cost to eventually replace the system at some point in the
future. Anything less than this requires that subsidies be provided to keep the system
operational.
The operation of all water supply systems in Kano State is currently (2007) highly
subsidised by government in one form or another. These subsidies have proven to be
ineffective and have resulted in inadequate water supply to the people of Kano State.
Furthermore, the government cannot afford to continue to subsidise the operation of
water systems if the objective is for all residents of the state to have access to safe
and reliable water supply, as the funds are needed for capital works for new projects.
The policy proposes that the government stop providing subsidies for the operation of
water supply systems, and only subsidise the capital costs for rehabilitation of existing
systems and construction of new systems. If this is done, adequate water supply
coverage for the entire state can become a reality over time. However, government
should only agree to finance capital costs of systems where measures will be put in
place to ensure long term sustainability. The only exception to this is that government
may need to provide operating subsidies in certain cases to enable access to
affordable water supply by the poor. But this should be the exception rather than the
rule, and should be done on a case-by-case basis. The policy also proposes that
where subsidies are given to enable access by the poor, this should be done at the
LGA level for rural and small towns systems and at State level for urban systems.
Removing government subsidies for system operation will mean that consumers will
have to pay the full cost of sustaining the systems that serve them, including all
operational costs and the cost to replace the system at the end of its useful life. Many
consumers who purchase their water through water vendors are already paying these
rates and higher. The government operating subsidies should not be stopped in one
step, otherwise the impacts on pricing to consumers may be too great. A well planned
phasing out of operational subsidies over a period of time will need to be put in place.
The strategy and action plan for the implementation of this policy should address this.

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Having consumers pay the full cost to sustain their systems also means that tariffs will
need to be established for each system separately and not on a state-wide basis as is
currently done. The managers of each system (this is proposed as community based
organisations (as described further below) will set their own tariff and the regulatory
body will approve the tariff to provide assurance that the right balance between long
term sustainability and affordability is being achieved.
During the period of phasing out of government operating subsidies, the method of
subsidy should be such that it ensures accountability between the service provider and
the consumer. For example, subsidies could be tied to the service provider meeting
certain performance targets before the subsidy is released. This is currently not the
case – present subsidies are given without regard to performance and this perpetuates
poor service levels.
Policy Statement 5:
a. To be sustainable in the long-term, a water supply system must generate

sufficient internal revenue to pay for all operational and maintenance costs and
costs for replacement.
b. Consumers shall pay all costs required to achieve long-term sustainability
c. Tariffs will be established for each water supply system separately to ensure
long term sustainability of each system
d. Government may choose to finance a portion of the capital cost of new water
supply systems and rehabilitation of existing systems
e. Government shall only provide capital financing towards the cost of new water
supply systems and rehabilitation of existing systems if long-term sustainability
has been satisfactorily demonstrated
f. Government shall gradually phase out of and discontinue contributing to water

system operation and maintenance costs in the long run
g. Government subsidies for operation and maintenance costs shall be

implemented in such a way that it maintains accountability between the
consumer and the provider.
Demand Management
Fresh water is a finite and valuable resource and proper management of water
demand is a crucial aspect of sustainable water supply.
Leakage is really a supply management issue but is included herein under demand
management. All systems should be operated to reduce or eliminate leakage as much
as possible because reducing leakage is often the least expensive option for
increasing system capacity. Existing systems have very high leakage and it needs to
be a priority of system operators to have ongoing leakage reduction programmes at all
times.

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Demand management must also be viewed from the consumer side as well. Water
wastage and excess consumption contribute significantly to unsustainability.
Wastage/excess consumption is mainly a feature of urban and semi-urban piped
supplies. It is typically not a significant characteristic or concern of rural hand pump
borehole systems or areas supplied by water vendors.
The best demand management tool on the consumption side is the tariff because
structures and charge rates can be manipulated to encourage prudent use and water
conservation while at the same time allowing poor people access to a lifeline supply
through cross-subsidy arrangements. Physical demand measures can also be
introduced, such as rationing by limiting the hours of supply, reducing water pressures
to limit flows and installing smaller diameter supply pipes to household connections
which will restrict flows. Another possible measure is to limit supply to discrete
quantities instead of providing consumers with unrestricted access. Passing legislation
or formulating bye-laws restricting what consumers can do, e.g. not water gardens or
livestock can also provide a measure of demand management. This method has been
successfully used in desert areas of the south-western United States and elsewhere.
The use of low water consuming appliances has also proven to be an effective
demand measure in some countries. This can include items such as low flush toilets,
low consumption faucets and shower heads, faucets with automatic shut-off, water
recycling systems, etc. However, there will be little incentive for consumers to install
these systems (which tend to be costly) unless metering is in place with a stepped
tariff. Government subsidies are sometimes used to assist customers with the cost of
these systems. Legislation has also been passed in many countries that will only allow
the sale of low consuming appliances. Customer education about water conservation
is also an effective means of reducing demand. Messages are targeted towards getting
consumers to better manage their in-home water usage and eliminate wastage through
measures such as repairing leaking storage tanks, pipes and faucets, eliminating theft
of water by illegal connection, and if on a flat connection, not using excess water (more
than your fair share) and not giving away water to neighbours who may have been
disconnected due to non payment of bills. Prompt settlement of water bills also needs
to be promoted. Messages about water conservation and treating water as the scarce
and valuable resource that it is, should also be aimed at children in a school
environment to inculcate good practices which they will take into their adult lives.

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Policy Statement 6:
a. Water is a scarce and valuable resource that needs to be properly managed and
conserved. This includes water in the supply system and water within the
consumer’s premises
b. Water should be delivered and utilised efficiently to minimise excess

consumption, wastage and leakage. Methods to be employed may include but
not be limited to:
o leakage reduction
o system and consumer metering
o tariff measures
o reduction or elimination of illegal connections
o consumer education on water conservation including education of school-
age children
o physical methods to restrict consumption
o promotion of low water consuming appliances and possible subsidies for
purchasing of same
o passing of legislation to restrict water usage for certain functions
c. The regulatory body will issue regulations from time to time concerning demand
management and will enforce these regulations
Community Involvement
The government controlled supply driven ‘top-down’ approach to water supply has not
delivered adequate levels of water supply service to Kano State residents. A new
approach is required, and the proposed policy is that it will be a ‘bottom-up’, demand
driven approach.
Community participation in planning, decision making, operations and ownership has

proven to be an effective means of achieving sustainability in other countries as well as
in various locations within Nigeria. Communities have shown a desire to get involved in
the planning and management of their water supply schemes. The policy proposes that
communities in rural and semi-urban areas get involved in all aspects of water supply
delivery including the planning, design, operation and management and ownership of
systems. For large urban water supply systems, the policy proposes that consumers
get involved in the management while the ownership of the system shall generally
remains with the government. The involvement will be through Water Consumer’s
Associations (WCAs) that will be established for each water supply scheme, and these
associations will be registered corporate bodies. The WCAs will represent the
consumers’ interests. WCAs should have representation from all geographical areas
within a water scheme, including women and youth participants. On larger systems,
WCAs could also have representation from government. The small independent
service providers will continue to own and manage their systems in accordance with
guidelines issued by the regulatory body.
The level of service of a particular water supply system should reflect the demands of
the community and their willingness to pay for it, and should not be imposed on the
community by government.

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The policy proposes that in the future, government subsidies to water supply systems
should be limited to capital funding for rehabilitation of existing systems and
construction of new systems. The policy also proposes that communities make a small
contribution towards the capital cost of projects.
Ownership increases chances of sustainability – when someone owns something,

chances are they will look after it better than if someone else owns it. The policy
therefore proposes that water system assets (that may have been constructed with
capital contributions from various levels of government) be transferred over to
community-based WCAs in rural and semi-urban areas. However, in view of the size
and complexity of the urban water supply infrastructure, the ownership of the assets
will remain with the State government.
Policy Statement 7:
a. Water supply development and management should be based on a

participatory approach involving users, planners and policy makers at all
levels, and decisions should be made at the lowest appropriate level.
b. Communities should get involved in all aspects of water supply delivery

including the planning, design, operation and management and of systems.
Communities in rural and semi-urban areas should also own the water supply
infrastructure.
c. Water Consumer’s Associations (WCAs) should be established for each water

supply system. The WCA will represent the consumers’ interest and will be a
registered legal entitity.
d. All consumers in the area of a water system should be proportionately

represented in the WCA, including adequate representation by women and
where possible youth. The WCAs for larger systems may also have
representation from government.
e. Level of service for a particular water supply system should be based on the
community’s demand for service and their willingness to pay
f. Communities shall make a small contribution to the capital cost of water

supply systems to enhance the sense of ownership. The three tiers of
government shall contribute the remaining capital funds
g. Water system assets in rural and semi-urban areas shall be transferred to the
community-based WCAs.
h. Water rates and tariffs for each system will be established by the WCAs to
ensure long-term sustainability of the systems and also to ensure access by
the poor. Water rates and tariffs will be approved by the regulatory body.

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The Role of Government
With the exception of a few small scale private sector operators, the water sector in
Kano State is essentially a government monopoly situation where government does
planning, development and delivery of water service. For many reasons, government is
not effective in the role of a service provider, and this has been confirmed in the water
sector throughout the country, as well as in many other sectors. The current thrust of
the federal government is that government should discontinue being a service provider
(in all sectors), down-scale and re-professionalise government and change the focus of
government to be one of regulating, facilitating change and creating an enabling
environment for the private sector to deliver services and to empower people to make
the choice about the services they want and are prepared to pay for. Kano State
SEEDS is very much in-line with these philosophies.
The water policy for Kano State therefore envisions the government disengaging from
being a service provider. The policy proposes that WCAs, who will be charged with the
responsibilities of operation and management of their water systems, will either carry
out the operation and maintenance of the systems themselves (on small rural systems)
or will hire a service provider to perform these functions on larger systems. Service
providers will be autonomous and will be accountable to their customers, who will be
the WCAs and the consumers. Service providers will be private sector individuals (as
in the case of small rural community water supply) or companies. Government may
choose to reform some of the existing entities in the water sector to act as service
providers, but these entities would need to compete with private operators on an equal
footing (i.e. without subsidies).
Policy Statement 8:
a. Government shall discontinue their involvement in the direct provision of water

service
b. Government will focus on facilitating change and creating the enabling

environment for success of the sector. This may include but will not be limited
to:
o Development of policy and legislation
o Government coordination
o Capital projects financing
o Technical support to the sector
o Long term planning
o Water resources management
o Developing government programmes
o Providing the link to external support agencies
o Data collection, monitoring and evaluation
o Providing support for the private sector
o Capacity building in the sector
o Societal Re-orientation
c. Government agencies may choose to be involved in the sector as a service

provider, but will have to compete on an equal basis with private sector service
provider

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Serving the Poor
The poor suffer the most from lack of access to safe and reliable water supply and
typically pay the highest cost for water. High cost can be in terms of physical labour to
collect water from distant sources, buying water from water vendors at high costs
because they live in areas that are not served by water schemes, or in terms of health
costs due to water-borne disease. Government subsidies in the past have
disproportionately benefited wealthier segments of the population as opposed to
benefiting the poor. A quick analysis showed that people in Greater Kano who
purchase water from water-hawkers pay approximately 7.5 times the cost that
consumers connected to the water supply system pay. The policy seeks to address
these issues.
The policy proposes that over time government should withdraw from the provision of
water supply services and discontinue providing operating subsidies to the sector. This
will enable government funding to the water sector to be redirected towards financing
of capital projects, and over time will enable poor segments of the population to have
access to safe and reliable supplies. The onus will be on the government to redirect
capital funding towards the poorer segments of the population to fulfil the policy
requirement that everyone shall have equal access to safe and reliable water supplies.
The proposed policy is based on a demand-driven approach. However, there will still
need to be some balancing done by government as to where they make capital funds
available, so that the poor can be adequately served.
The policy proposes that consumers pay all costs required to achieve long-term
sustainability. Paying these charges may pose problems for some members of the
community. Payment arrangements and tariffs should be sufficiently flexible to
accommodate such customers. How this might best be done will vary from system to
system and possibly from location to location. Arrangements suitable for someone
with access to an urban piped supply are likely to be different from those suitable for a
rural borehole with hand pump. In the former case support can be given the poor
through the tariff. A stepped tariff with a low-cost first trench could provide a lifeline
support to poor households with rising rates of tariff for higher bands of consumption
subsidising the consumption of the poor. This can also be accomplished to some
extent through differing flat rate charges where there is a low level of metering. In rural
areas without household connections and tariff systems this would not be possible;
there it is proposed that schemes be financed by collections from the community and
the poor could be assisted by being excused from making any contribution or being
required to make a lower contribution. Again contributions from those able to pay
would subsidise the poor. Contributions in kind instead of in cash may also be
acceptable in rural areas, but would be difficult to implement in semi-urban and urban
areas.
Under the policy, the setting of water rates and tariffs has been shifted away from
government to the water consumers’ associations (WCAs),working in accordance with
guidelines laid down by the regulatory body. WCAs will then decide how these cross-
subsidy arrangements will be handled. The WCA should be in a much better position
to know the members of the community it represents and be able to identify where a
cross subsidy is justified and what amount is appropriate.

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Only in the event where cross-subsidies are inadequate to provide affordable access
for the poor (while at the same time keeping the cost within reach of other consumers)
should government subsidies are considered. Where government subsidies are
required to ensure affordable access by the poor, the subsidies should come from the
local government in the case of rural and semi-urban areas as they are in the best
position to determine the specific needs of people in the area. However, in the case of
urban areas, the State Government shall provide the necessary subsidies. Where
subsidies are to be given by the LGA, they need to be given in a way that maintains
accountability between the service provider and the consumer and ensures that the
subsidy serves to benefit the people that need it, and not the ones that don’t need it.
Policy Statement 9:
a. Government shall ensure that adequate capital funding is directed towards poor
segments of the population to increase their level of access to safe and reliable
water supplies
b. WCAs shall establish water rates and tariffs with a cross-subsidy to enable
affordable access by the poor. Where a regulator exists, the regulator shall
establish guidelines for setting appropriate water rates to make the water supply
sustainable. The regulator shall approve the rates wherever a private operator
is engaged.
c. Local government may choose to provide subsidies to WCAs in rural and semi-
urban water supply systems where cross-subsidy through water rates and tariffs
cannot provide affordable for the poor and this shall be implemented in such a
way that maintains accountability between the consumer and the provider. State
government may do the same for urban areas.
Involvement of the Private Sector

Limited private sector participation in water supply in the state already exists; small
scale independent private service providers are currently involved in water supply in
the state, and private sector companies are involved in the provision of consulting and
contracting services related to the construction or rehabilitation of schemes and in the
supply of goods and limited services for system operation and maintenance. The
private sector has responded to low levels of service in urban and semi-urban areas
and several private borehole operators have set up business selling water to
consumers and water-hawkers. Many people are now employed throughout Kano
State as water-hawkers and they provide an essential service for distributing water.
On the premise that government cannot on its own meet all the water demands of its
communities, a fundamental principle of the policy is that in addition to community
participation, the private sector should have a major role in the water supply sector and
that water supply should be an engine for private sector job creation and economic
growth. This is in-line with Federal and State Government policies.
Involving the private sector does not mean privatisation. The principle of the policy is
community based ownership, not private ownership of water supply assets. However,
private ownership – which already exists in small scales - should be allowed where it is
beneficial.

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To have a thriving water sector in the state, the private sector will need to increase its
role significantly. The level of competence in the private sector will also need to
increase significantly – because the sector has been exclusively in the hands of
government for many years without appropriate support to the private sector especially
the small scale independent providers, the private sector has not grown to support the
industry.
The policy envisions that all water systems in the state will be operated by the
communities in most rural areas where hand pumps are usually used, and by private
sector companies in small towns and urban areas rather than by government
agencies. On larger systems there may be several service contracts, for example one
company could run the source works, while another may operate the distribution
system and another may be responsible for billing and revenue collection. Systems
may also be divided up between different operators on a geographical basis. Private
companies will also be involved in providing consulting services, contracting and in the
sale of materials. The clients would be the WCAs and not the government and
companies will compete for business on the basis of their capabilities and price.
Government agencies will be free to participate in all water sector activities but would
have to compete against private sector companies and could not receive subsidies that
would give them an unfair advantage. It will likely be necessary and desirable to
support these government agencies initially to raise their competence levels, but
subsidies will have to be phased out over time.
To provide a level of quality control, operators will need to obtain a permit to participate
in certain activities – for example borehole drilling or operating of certain sizes of
systems. Companies who want to participate in certain activities will have to raise their
competence level to a minimum threshold to obtain an operating permit. The permitting
process will enable the bar to be continually raised over the years in terms of
competence.
Policy Statement 10:
a. The private sector should involve in all aspects of the provision of water supply
in the state. They will contract with WCAs to provide the required goods and
services
b. Participation by locally based companies will be encouraged
c. Government agencies are free to provide any goods and services to the
sector, but must compete against private companies on an equal basis
d. The regulatory body shall issue regulations with respect to minimum standards
that must be achieved to participate in certain areas of business
e. Government will encourage the growth of the private sector and may establish
programmes to support its development
Autonomy of Service Providers

Efficient and effective operation of service providers is essential for long term
sustainability of the water sector. Service providers must be able to operate on a
commercial basis as a business and therefore need to be autonomous and free of
political interference. This applies to both private sector companies and also
government agencies if they choose to operate as service providers.

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Service providers, whether private sector or government agencies, need to operate

on a commercial basis to ensure the long term sustainability of the water sector.
Other than complying with normal business laws and regulations and the
requirements of the water sector regulatory body, service providers must be given
complete autonomy in all aspects of their operations apart from tariff setting which
will be regulated not by government but by the regulatory body.
The role of women

Women play a vital role in the water sector in both the rural and urban areas. Women
are the chief custodians of water in the household. They control the amount of water
used by the family, are primarily responsible for proper sanitation methods and inform
the men when there is need to buy or fetch water. Women often fetch water
themselves in the rural areas, and normally bear the brunt of sick children from water-
borne diseases. In urban areas, many women engage in trades that require the
purchase of water, such as running restaurants or salons, selling of traditional drinks
and foodstuffs, ice making and laundry services, etc.
The policy envisions women playing a higher role in the water sector, being involved in
the decision making process and management of their supplies. Increased
participation of women is in-line with Kano SEEDS.
Women as major stakeholders in water use shall have adequate representation in

all aspects of the water sector.
Human Resource Development

The existing human resource capacity in the water sector is very low – the skill sets
are generally low, and while there are some very knowledgeable personnel, they tend
to be contained within a few organisations. To create a vibrant water sector, human
resource development must be a priority. The skill levels and the number of skilled
people taking part in the sector needs to increase dramatically and needs to be spread
out amongst all the organisations and groups that will be involved in the sector
including government bodies, private sector, and WCAs. Government needs to support
the development of human resources in the sector. One way to accomplish this would
be to provide improved education and training opportunities at universities and
polytechnics tailored to the specific situation in Kano State. For example, the rural
water sector is dominated by hand pump boreholes. There should be training available
at local institutes to learn how to maintain and repair hand pumps. It is hoped that
external support agencies will play a major role in assisting with capacity building in the
state, and government should invite them to participate.

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a. Widespread enhancement of knowledge and skills is required to have an

effective and sustainable water sector
b. Government shall make human resource development and capacity building
in the sector a high priority
c. Government expects external support agencies to play a major role in assisting
with capacity building in the water supply sector in the State.
Monitoring and Evaluation

Monitoring and evaluating (M&E) activities in the sector are essential to its success.
There currently does not appear to be any form of M&E in the water sector. To
implement the new policy, it will be necessary to assess along the way if the new
policies are having the desired impacts and to make adjustments to policies or
implementation plans as required to achieve desired results. Part of M&E activities
should also be benchmarking against other states in Nigeria and other countries, and
incorporation of best practices.
Government shall institutionalise monitoring and evaluation of activities in the water

sector to track progress of changes and to make necessary adjustments required to
achieve the desired outcomes. Benchmarking against other locations shall be an
integral part of evaluation.
Data Gathering and Information Management

Gathering, analysis and proper management of data is essential for the long-term
success of the water sector, as proper planning is not possible without this. One
example is groundwater resources. In order to properly plan for future development of
water supplies in the state, the characteristics of the groundwater resource must be
known. Without this, over-extraction of the groundwater resource is a real possibility
given the high rural population in the state. Systems need to be put in place to monitor
groundwater across the state, and this data needs to be fed into a proper
computerised database system, and then analysed to establish characteristics and
trends which would be used in planning exercises. This should be the responsibility of
the Ministry of Water Resources and adequate budgets need to be established for this
purpose.
Government shall institutionalise data gathering and information management to

provide necessary data for long-term planning purposes

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Planning
Proper long-term planning of water supply systems and water resources which support
these systems is essential for the success of the water sector in the state. The policy
proposes a demand-driven approach rather than a top-down approach, and planning
therefore will also be done at the lowest possible level. It is proposed that planning will
start at the WCA level. WCAs will be required to obtain licenses for water extraction
from the regulatory body, and a condition of renewing a license would be that planning
data has to be submitted on a prescribed basis. Planning data would flow from the
WCA to the LGA; the LGA would then assemble planning data on an LGA-wide basis,
and submit it to the state Ministry of Water Resources, who would then assemble the
information into state-wide water supply development plans. The water supply
development plans would then need to be correlated with water resources
development plans.
a. Water supply system planning shall be institutionalised.
b. Planning shall start at the WCA level and work its way up to the LGA level and
then to the state level. The regulatory body will enforce planning at the WCA level.
c. Water supply planning shall be incorporated into water resources planning
Sanitation and Hygiene

Sanitation and hygiene are such important issues that have to be addressed. Improved
health is one of the perceived benefits of improved water supply. However, health
benefits of water supply have been shown only to accrue when combined with
sanitation and hygiene education – The National Rural Water Supply and Sanitation
Programme Strategic Framework – in which Kano State participated in it preparation –
reaffirms the fact that “Water supply even when combined with sanitation was found
not to be effective for health improvement unless accompanied by hygiene promotion
and education”3. It is therefore important that sanitation, hygiene and health education
are taken as an integral part of the proposed policy.
The poor water situation and lack of sanitation facilities in Kano State has had a
negative impact over the years on the personal hygiene of individuals and families, and
many bad practices have now come to be accepted. It will therefore take a concerted
effort and a well planned hygiene education programme to get people back on the right
track. Both providers and consumers have to work together to reach the desired goal.
Children are to be singled out as an important group in this regard. At home and at
school, they have to hear the same message over and over again.
3
(NRWSSP, 2004 pp15).
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a. Sanitation and hygiene are integral components of improved health through better
water supply and therefore is a priority of the Kano State water policy.
b. Value Based Water, Sanitation and Hygiene Education (VBWSHE) programmes

shall be developed and delivered throughout the state to promote and educate
consumers on effective sanitation and hygiene practices that lead to improved
health. These programmes shall incorporate various methods and shall make
women and children a priority target group.
c. The State Government education, health and environmental policies shall include
sanitation and hygiene education as a priority
d. All relevant stakeholders including but not limited to stakeholders in water supply,
education, health and environmental sectors shall participate in the development
and delivery of VBWSHE and the promotion of sanitation and hygiene.
e. VBWSHE and the promotion of sanitation and hygiene shall be primarily funded
by the three tiers of government, with contributions from other stakeholders where
possible, including but not limited to communities, the private sector, NGOs and
external support agencies.
f. VBWSHE and sanitation and hygiene promotion activities shall be monitored

regularly and policies and programmes adjusted as required to achieve desired
improved health benefits
Environmental Protection
Environmental considerations are so important to water supply and water resources
management that it cannot be overlooked. Construction an operation of water supply
systems needs to be carried out such that environmental impacts to surrounding areas
are minimised. For example, before a new water system is constructed, an
environmental impact assessment should be performed. Nigerian environmental laws
and regulations will apply. Also, water resources need to be protected from pollution
and contamination as stipulated in the Nigerian Standard for Drinking Water Quality.
This is actually a responsibility of the Ministry in charge of the environment, but
coordination is required with the water sector. Contamination of water courses is
currently a real problem in Kano, and needs to be addressed with seriousness before
there are severe problems with surface water and groundwater contamination.
Because water is inextricably linked with the environment, water services will be
managed to minimise any adverse environmental impacts. Conversely, drinking
water sources must be protected from pollution and contamination as stipulated by
the Nigerian Standard for Drinking Water Quality. Water sources will be protected
from degradation by polluting effluents from any source including industrial and
agricultural developments, on-site sanitation facilities and other quarters. Monitoring
procedures will be put into place by relevant stakeholders and effective remedies
prescribed for breaches of regulations

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Institutional Structure
The institutional structure to support the new policy shall be designed within the
Implementation Strategy and Action Plan for the implementation of this policy. The
structure will represent a profound change from the current institutional structure. It
shall divide the sector into rural, semi-urban and urban. In each sub-sector, the basic
building block of the institutional structure shall consist of the WCA, the WSP and the
water consumers. In the case of rural, there may be hundreds of WCAs and WSPs.
For semi-urban there may be a minimum of one WCA and WSP in each regional
scheme, but likely more as time goes on. For the Greater Kano area, there could be
one WCA with several WSPs, but there could also be multiple WCAs, each with its
own WSPs representing consumers in various areas. The Water Supply Agency
(WSA) could be present in each sub-sector. This could be three separate agencies or
could be one agency with separate divisions in each sub-sector.
Extensive capacity building at all levels will be required to implement change and effect
improvements in the water sector. The roles and responsibilities that each of the
organisations and bodies that are proposed in the structure are described below.
Because these roles and responsibilities are new to the sector, assistance will be
required to guide each organisational unit through the learning and growth process. It
is hoped that external support agencies will play a major role in assisting with capacity
building.
The Water Consumer

Water consumers in rural, semi-urban or urban areas will appoint or elect a committee
(the Water Consumer’s Association or WCA) to act on their behalf and represent their
water supply interests. Consumers will pay for water service either through flat monthly
fee or based on usage through a tariff. This will include O&M, replacement and WCA
administrative costs.
Water Consumers’ Association (WCA)

Proposed functions and features of the WCAs are as follows:
a. WCAs are autonomous bodies that will be appointed or elected by the
community, and charged with the management of the water systems in the
areas they represent (on behalf of the consumer). In rural and semi-urban
areas, WCAs shall also own the assets.
b. The WCA will be accountable to the consumer and will have status as a legal
entity.
c. The WCA is conceptually the same in rural, semi-urban and urban areas, but
organisation of WCA gets more complex as the size of the system increases.
o Rural – there will be one WCA per village. This is the simplest form of a
WCA.
o Semi-Urban – WCA represents all consumers using the system. For a
regional scheme covering 2 or 3 LGAs, there needs to be representation
on the WCA from each LGA.
o Urban (Greater Kano area) – WCA needs to have representation from all
8 LGAs that are covered by the system.
o WCAs for larger systems may also have some representatives on their
board from government to enhance coordination and cooperation with
government, but not in the position of Chairman
d. WCAs will be created with assistance from LGA following standardised
guidelines

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e. WCAs do not necessarily need water system operational and management
expertise (at least initially – this will grow with time) but do need to have
administrative and executive management capabilities. WCAs will rely heavily
on the LGAs and state water supply agency to assist them initially until these
capabilities are developed within the WCAs over time.
f. WCA may just be a board or may also have staff. The WCA is also free to hire
staff directly to carry out some of its system operational functions, rather than
hiring a WCA.
g. WCAs should have proper representation from women and where possible
from youth
h. WCAs will be required to obtain rights for water extraction (a license) from the
regulatory body that will be established
i To construct new systems or rehabilitate existing systems, the WCA will apply
to the LGA for capital funding from government programmes (LGA level, state
and national level)
j. Decision making and ultimate responsibility for community water supply
remains with the WCA and not the LGA or WSA4
k. WCA in rural and semi-urban areas will collect funds from communities for a
small capital cost contribution where this is necessary to participate in
government programmes. This will consist of a cash or in-kind contribution in
rural and semi-urban areas, likely collected before a new system is built or an
existing system is rehabilitated. For large urban areas, capital contribution shall
be built into the tariff.
l. The WCA will propose the tariff using standardised methodologies issued by
the regulatory body and this will finally be reviewed and approved by regulatory
body. It is proposed that tariffs or rates charged will include system O&M, the
cost of eventual replacement of the system and WCA running costs, which may
include salaries, overheads and administrative costs. The WCA is accountable
to the consumer for these costs, as they will directly impact on the consumers
cost of water service.
m. In rural systems, the WCA may choose to operate and maintain systems and
collect revenue from consumers themselves – this is most likely where they
have hand pumps – or the WCA may choose to contract out system O&M and
revenue collection to a local water service provider if they have a more complex
system comprising motorised boreholes.
n. For semi-urban and urban systems where the systems are more complex,
professional management will be required, and the WCA will contract out
system O&M and revenue collection to a water service provider (WSP). There
may be several WSP’s providing services on a particular system. There are
several different options for contracting of services and concession is one
option that may be considered.
o. It is proposed that water system assets in rural and small towns be transferred
to the WCA, because this will instil a sense of ownership will serve to enhance
sustainability.
p. The WCA will be required to maintain system inventories and also prepare
future development plans on a regular basis. This will be done in conjunction
with LGA and WSA.
4
The LGAs and WSA shall provide the right information and training to the WCA to be able to make
informed selection of appropriate and affordable water supply technical options. The WSA shall assist the
WCAs in rural and small towns with appropriate designs of technical options, determination of construction
and operational costs, detailed engineering designs and construction supervision of the WCA’s selected
option and setting up of O & M contracts.
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Water Service Provider (WSP)
Water service providers (WSPs) will be hired by WCAs to operate their water systems.
Functions and features of WSPs are as follows:
a. WSPs are private individuals and companies who supply goods and services
that the WCAs require.
b. Government owned organisations like RUWASSA or KnSWB can be WSPs,
but they will have to be reconstituted to run as independent, commercially
viable operations and compete on an equal footing with private sector
companies, i.e. they cannot unfairly compete through subsidies. However, it is
envisioned that some initial subsidies will be required to enable them to get to a
competitive position but this needs to be carefully planned without exposing the
private WSP to serious risks.
c. WSPs will provide expertise to the WCAs to operate, maintain and manage the
water supply systems as required.
d. WSPs will be paid a fee for providing a service, based on their contract with the
WCA, and the WSP is therefore accountable to the WCA and is also
accountable to the consumer.
e. Ideally, WSPs will be from the local area to enhance accountability to the WCA
and the consumer and to maximise economic benefits to the local area.
f. A WSP’s operations could range from one person maintaining a rural borehole
to a large international water company running the entire Greater Kano system,
or anything in between. Concession is an option for contracting to a WSP, but
there are other options like management and lease contracts.
g. There may be several WSPs providing services vertically and horizontally on
larger systems like the Greater Kano system. Vertically one WSP could be
responsible for running a treatment plant; another could be involved with
distribution, while another could be involved in revenue collection and customer
service. Horizontally there could be different WSPs operating in different
geographical areas of a system.
h. WSPs require knowledge and expertise in water system operation and
management
i. Contractors and suppliers are also considered as WSPs.
j. WSPs will compete against each other in the same market, based on price,
expertise and quality of service delivery.
k. Private borehole operators can also be WSPs, but they will operate under a
contractual arrangement with the WCA rather than selling directly to consumers
or resellers without regulation as is happening now. They can also apply for
capital funds for expansion or new projects through the WCA
l. WSPs will be encouraged to hire women, particularly where interaction with
female customers is required
m. WSPs will be required to obtain a permit from the regulatory body to operate in
the sector. This will enable a level of quality control of service providers.
Water Supply Regulatory Authority (WRA)

The Federal Ministry of Water Resources has already developed a draft National
Guideline for Regulating Water Supply in Nigeria which included a Model Water Supply
Services Regulatory Law (WSSRL). This model law can be adapted to suit
peculiarities of Kano State to establish its own Water Regulatory Commission (WRC)
that will provide oversight of the industry. Functions and features of the WRC are as
follows:
a. Independent body established by law, with Board comprising of experts, civil
society, state government, WCA and the private sector

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b. Funded by licensing fees, tariff surcharges in urban and semi-urban areas, and
government grants5
c. Issues licenses to WCAs to extract water and permits to WSPs, contractors
and suppliers to operate in the water sector
d. Establishes and enforces regulations and standards for water supply in the
state (in consultation with State Ministries responsible for Water Resources,
Health and Environment) but can delegate enforcement to other bodies (would
delegate most enforcement issues to the WSA)
e. Establishes consistent tariff methodology to be used by WCAs and reviews and
approves tariffs of WCAs but does not set tariffs.
f. Review and approval of contracts between WCAs and WSPs
g. Adjudication of disputes between stakeholders in the sector (WCAs, WSPs,
WSAs and consumers)
Local Government Authorities (LGAs)

The local government’s principal role will be as a facilitator and supporter and
coordinator between the WCAs and government. It will become a first call for WCAs
seeking information and advice about all aspects of water supply development. It will
also support and promote the development of WCAs especially in communities where
the association is non-existent or very weak. Specifically, this will include:
a. Knowledge of state and federal programmes and disseminates this information
to the communities and WCAs
b. Assists communities to create WCAs and coordinates with other LGAs in the
area
c. Is the link between the WCA and the WSA and external support agencies
involved in water in the LGA
d. Contributes to financing capital projects (rehabilitation of existing and
construction of new systems) but does not implement them
e. May choose to subsidise WCAs but be directly involved in operation and
maintenance of the systems.
f. Is a facilitator of process and creates the enabling environment for success at
the LGA level
g. Maintains LGA information database, does LGA-wide planning and develops
LGA-wide programmes
h. Monitoring and evaluation of project implementation
i. Coordinates LGA-wide water resource management issues with water supply
development plans
j. Coordination with State ministries like Ministry of Water Resources,
Environment, Health, etc.
Many LGAs currently carry out their water related functions through the LGA
department of works. In line with the National Rural Water Supply Programme
Strategic Framework, a separate Water and Sanitation Department should be set up
within each LGA to carry out the above functions.
5
The implementation strategy and action plan for the policy may have to initially set the funding of the
Regulatory body entirely by government grants. The grants should gradually be removed and replaced by
funds from licensing fees, tariff surcharges as the urban and semi-urban water supply systems become
more financially viable.
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State Water Supply Agencies (WSA)
A new government entity called the Water Supply Agency (WSA) shall be created.
The primary role of the WSA will be to provide technical expertise to the sector and to
disseminate knowledge and build capacity in the sector. This is required, because the
WCAs and the LGAs will both have limited technical capacity – at least at the initial
stages of the new policy. In essence the WSA will enable the WCAs and LGAs to have
access to water supply expertise that they could not afford to have in-house and
otherwise would not be able to have. Other roles will be to facilitate compliance with
standards in the industry and monitor and co-ordinate sector wide activities. Specific
features and functions of the WSA are:
a. Independent body, established by law, with Board appointed by Government
b. Acts as a consultant and advisor to the WCA and LGAs but does not implement
projects.
c. Will assist WCAs to getting organised and to manage their water supply
systems
d. Provides assistance on technical issues like engineering studies, construction
supervision, planning, budgeting, O&M issues, contracting to WSPs, etc.
e. Not involved O & M of systems except for advising and transferring knowledge
to the WCAs.
f. Is a centre of knowledge for the water supply sector in the state, and transfers
this knowledge to WCAs and the LGAs
g. Supports development of the private sector in the water business in the state
h. Prepares state-wide water supply inventory and development plans with input
from the LGAs and forwards this to the Ministry of Water Resources
i. Is the link between the WCA and LGA and the State Ministry of Water
Resources
j. Monitors and evaluates project implementation
k. Coordinates with LGAs on all water supply issues
l. Ensures that standards and regulations are followed (regulatory commission
will delegate most enforcement activities to WSA)
m. Funded by government, but may eventually also be able to charge a fee to
WCAs for services provided
Initial6 staffing for the WSA (or WSAs) would come from the senior ranks of the
KnSWB and RUWASSA with a focus on engineering, planning and management and
not on operations. It is envisaged that the construction and operational sides of
RUWASSA and KnSWB would be spun-off and restructured into a separate
government owned company (or companies) that would operate as WSPs in the rural,
urban and semi-urban sub-sectors. The new operational company (or companies) may
initially be subsidised to get them to a competitive position, but the subsidies would
need to be phased out over time and these units would have to compete against
private sector companies in the same market on an equal footing.
State Ministry of Water Resources (SMWR)

The State Government, through the State Ministry of Water Resources shall have
several key roles in the proposed organisational structure as indicated below.
6
The organizational structure may show the WSA separately in each sub-sector, rural, semi-urban and
urban. This could be one WSA with three separate divisions or could be three separate entities. One
state-wide WSA with three divisions would be preferred, but some federal programmes, for example the
National Rural Water Supply and Sanitation Programme, clearly indicate that the state must have a
separate rural water supply agency to participate in the programme. The choice of one WSA or three
WSAs does not affect the proposed policy or the proposed institutional structure, but is a decision that the
government will have to make before implementing the policy
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a. Finances capital project (rehabilitation of existing and construction of new
systems) but does not implement them
b. Does not support O&M of systems
c. Is a facilitator of the process and creates the enabling environment for success
at the state level
d. Maintains state-wide information data base, does state-wide planning and
develops state-wide policies and programmes
e. Develops state-wide technical standards for the industry in conjunction with the
WSA and the WRC
f. Is the link to the Federal Government and external agencies involved in water
supply in the state (e.g. DFID)
g. Is a centre of knowledge of the water sector and disseminates this information
h. Supports the private sector
i. Monitoring and evaluation
j. Coordinates state-wide water resources issues with water supply development
plans
k. Coordination with other state ministries
l. Coordination with, oversight and funding of WSA
Federal Ministry of Water Resources (FMWR)

The Federal Government, through the Federal Ministry of Water Resources, has a
similar role to the State Government, but at the federal level.
a. Highest level of planning and water sector expertise

b. Finances capital project (rehabilitation of existing and construction of new
systems) but does not implement them
c. Does not support O&M of systems
d. Is a facilitator of the process and creates the enabling environment for success
at the federal level
e. Maintains national information data base, does national planning and develops
national policies and programmes
f. Is the link to external support agencies
g. Is a centre of knowledge of the water sector and disseminates this information
to lower levels
h. Monitoring and evaluation
i. Establishes through the Standards Organisation of Nigeria (SON) the national
standards for the sector
j. Coordinates national water resources issues with water supply development
plans
k. Coordination with other federal ministries

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Change Management Office
The new water policy and its associated institutional structure represent profound
changes from the current situation. The magnitude of these changes is such that they
will not happen on their own simply by adopting a new water policy for the state. The
changes will have to be constantly driven forward for several years in order to come to
fruition. It is therefore proposed to establish a separate Change Management Office
within the State Ministry of Water Resources to achieve this objective. The Change
Management Office will be headed by a Change Manager who will take the leading
role in driving the process of change and improvement forward. The Governor would
appoint someone with the necessary qualifications to take on the role of Change
Manager, and this will need to be someone with exception character, skills,
experience, and respect in the community who is dedicated to seeing these changes
through. The Change Manager would need to be supported by a handful of qualified
staff. The Change Management Office will work closely will all entities in the
organisational structure to ensure a smooth transition from the present situation to a
new, vibrant and effective water sector in the state. 7
Societal Re-orientation Unit

To make the sweeping changes that are proposed in the policy and the institutional
structure, it will be necessary to re-orient consumers about the changes that are taking
place. Kano State already has a Directorate of Societal Re-Orientation in place, and it
is proposed that they will work hand-in-hand with the Change Management Office to
re-orient the population about water supply issues. The Directorate of Societal Re-
Orientation will have the following purposes:
• To inform people of new government water policies and the long term direction
of the sector. They will re-orient water consumers that water is an economic
good that needs to be paid for based on level of service provided, that people
cannot expect government to provide them with water for free and that
communities will need to manage their own water supplies
• Re-orientation of personnel in all government bodies involved in water supply to

instil attitudes of continuous improvement, implementation of best practices,
work ethic, transparency and accountability
• Advocacy at the political level to discourage politicians from making promises

concerning water supply that are contrary to the policies (i.e. don’t use water as
a political tool)
• Advocacy directed at the private sector to inform them of the opportunities that
are available in the water sector and to rise to the challenges of participating in
the delivery of safe and reliable water supply in a cost effective manner with
due regard to “Corporate Social Responsibility”.
Legislative Implications
New legislation would be required to implement the institutional changes proposed:
• To create the Water Regulatory Commission
• To create the Water Supply Agency or Agencies
• To reform the Kano State Water Board and RUWASSA
7
It is suggested that the qualification, role and responsibility of the change manager as well as the role
and composition of the Management Change Office will be included in the Strategic Plan of the Policy.
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It is envisaged that rather than doing this by passing separate pieces of legislation an
omnibus Act be introduced to make the required changes in a single swoop.
The proposed law would be divided into seven parts relating to preliminary issues,
administration and responsibilities, management of the water sector, transitional
provisions, public awareness, enforcement and miscellaneous provisions. It is also
envisaged for purposes of clarity that the law should contain three schedules. The first
schedule would categorise Kano State into 3 Categories: Urban, Semi-Urban and
Rural. Schedule two would contain procedural regulations for the Governing body of
WRC, while schedule three would contain procedural regulations for the Governing
body of WSA.
Proposed structure of the Law

Part 1: Preliminary issues
The objectives of the law would be the starting point. There would be a section to
repeal the Kano State Water Board Law 1991 and the Kano State Rural Water Supply
and Sanitation Agency Law 1997.
A section would also be included that would mention the name of the new law and its
date of coming into force. The scope of the application of the law would also be
mentioned.
Part 2: Administration and responsibilities

Sections included in this part would provide for the creation of the new bodies and the
dissolution of the old ones. The functions, structure of the relevant organisations and
composition of the governing bodies would be stated here. Provisions would also be
made for the appointment, tenure, remuneration and functions of the governing body
and management of each body. These provisions must clearly distinguish between the
governing bodies and management. This information would be divided into separate
sections relating only to the body in question. The areas of responsibility of each body
must also be clearly spelt out to avoid overlapping or ambiguity.
Where necessary, provisions would similarly be made for the appointment, tenure and
remuneration of officers.
Financial provisions relating to how each body will be funded; accounting obligations;
and powers of each organisation relating to entering into contracts etc would also be
spelled out.
Part 3: Management of the Water Sector

Guiding principles of water sector management should be included here; this will
contain key points of the new policy. These principles would serve as a guide for all
activities and decisions taken to implement and enforce water supply and sanitation
policies, laws and regulations in Kano State and shall apply to all stakeholders.
The law should contain mandatory provisions for stakeholders to meet periodically to
review events, strategy and policy. The State Government through the State Ministry of
Water Resources would be given the responsibility of coordinating this activity.
Stakeholders would also be required to come up with mandatory Master Plans.

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This part would also contain clear provisions on the licensing and registration process
of the WCAs by the WRC. It is also proposed that law should contain provisions for
consumers who want to drill boreholes for non-commercial use to be licensed by the
WRC. The WRC would be empowered to vet and approve all agreements between
WCAs and WSPs. The WRC would also be empowered to make regulations pursuant
to the law.
A few sections would be devoted in detail to the WCAs, concerning elections,

appointments, mandatory WCA constitutional provisions, composition of WCAs and
their mode of operation and decision-making. These sections would also provide for
the establishment of WCA standing committees where appropriate.
Part 4: Transitional provisions

Provisions would be inserted here to enable the Change Manager to oversee the
process of merging parts of the Water Board with parts of RUWASSA to form the Kano
State Water Supply Agency. Further provisions relating to the creation of three
separate divisions within this agency (Urban -Greater Kano Area, Semi-Urban and
Rural) and where necessary other provisions relating to the creation of independent
self-sustaining WSPs evolving from RUWASSA and the Water Board would be
included.
Part 5: Public information and awareness

A part of the law will contain sections devoted to public enlightenment. This task would
essentially be that of the WSA working hand –in-hand with the LGAs.
Part 6: Sanitation enforcement

Provisions would be included in this part relating to sanitation enforcement, hygiene
and the prevention of water-borne diseases. The body responsible for enforcing these
provisions would be specified.
The mandatory obligations of all stakeholders to sanitation will be spelt out here.
Specific offences would be outlined here and the sanctions attached to those offences
would be clearly stated. The specific inspectorate, quality control and enforcement
powers of the Kano State WSA would also be mentioned in this part.
Other water sector related offences not necessarily related to sanitation would also be
mentioned in this part and the sanctions that attach to the offences would be stated
clearly.
Part 7: Miscellaneous provisions

The Interpretation clause and any other issue of a general nature, not covered by the
above parts would be inserted here.
Schedules
Schedule one will distinguish between Greater Kano, Semi-Urban and Rural for the
purposes of the law. Preferably this schedule will contain a list of villages and towns
classified into one of the three categories above.
Schedule two will contain procedural regulations for the Governing body of WRC,
while Schedule three will contain procedural regulations for the Governing body of
WSA

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Highlights
Repeal of existing laws: The process of amending the Water Board Law and the
RUWASSA Law and bringing them into harmony with the new policy would be a very
complicated task fraught with the likelihood of introducing more conflicts and overlaps.
It is thought that the proposed Kano State WSA can operate effectively by acquiring
some of the facilities and staff of both RUWASSA and the Water Board. This being the
case the need for separate laws becomes even less relevant. One must consider that
the Water Board and RUWASSA laws are respectively 14 and 8 years old. Both laws
were edicts promulgated by Military Governments and reflected the thinking of the
time. Having one law also means all the actors in the water sector are operating within
one legal framework. Thus, the smooth inception of the new water policy would require
the repeal of the Water Board and RUWASSA Law and the coming into force of a new
all encompassing Water Law for Kano State.
Objectives: The objective of the law is to provide a legal basis for the involvement of
all stakeholders and for the sustainable management of water supply and sanitation in
Kano State. The law is also meant to harmonise the efforts of the three tiers of
Government, the various agencies working in the water sector and the private sector.
Role of State Government: The Law would ensure that the State Government’s role
moves from being water service provider to that of creating the right enabling
environment and giving the required technical support.
Local Government: Local Government’s role would move from its current legally
ambiguous role in relation to water supply to technical support and coordination for the
WCAs. Where appropriate the LGAs could subsidise capital expenditure and O&M
costs of projects.
Water Consumers’ Association: The law would empower the communities through
the WCAs to be part of the decision making process, it is envisaged that wells,
boreholes and water systems would formally be handed over to these communities for
the WCA to maintain. The WCA would be empowered by the law to engage WSPs to
supply water to their communities and also dispense with their services if not satisfied
with their performance.
As the WCAs will be able to own property and enter into contracts and would need to
run bank accounts, some sort of corporate legal personality8 must be created for them
at minimum cost. It is proposed that the new law would provide for a registration
process that can be coordinated at the Local Government level but will have the effect
of State registration. This could be done by the local Government acting as a collection
centre and sending registration documents to Kano (or any other convenient location)
for subsequent endorsement by the State authorities responsible for registering
associations. The law will have to provide for effective coordination between WRC, the
State and Local Government in respect of the registration process, as registration
through the State would not automatically mean licensing by the WRC.
8
Item 32 Part 1 of the 2nd Schedule to the 1999 Constitution gives powers to a State House of Assembly
to confer corporate status on bodies. Also see the case of S.S. Ejikeme & 3Ors V. N.J. Amaechi & 5Ors
(1998) 5Nigeria Weekly Law Reports (Part 542) 456

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Water Regulatory Commission: The WRC would be an independent regulatory body,
whose Governing Board would be made up of various stakeholders including the
private sector and Government. The WRC shall have the power to make regulations, in
accordance with the law. The law would allow WRC to issue licences and approve but
not set tariffs.
Water Supply Agency: The main functions of the agency will be technical support and
enforcement. The agency will have three divisions: Urban (Greater Kano i.e. radius of
30km from emir’s palace); Semi-Urban (population above 5000 people): and Rural
(less than 5000 people).
RUWASSA and Water Board: would be submerged by the new law and their boards
dissolved. The new organisations that would emerge would be the WSA and one or
more government owned self-sustaining WSPs
Change Management Office: The new law would provide for a Change Manager to
be appointed by the Executive Governor of Kano State as soon as recommendations
are accepted in principle, as he/she will be the main driver of the process. The Change
Manager’s tenure should be protected by the proposed legislation to avoid undue
politicisation of the post. The Change Manager should have a tenure of less than five
years in the first instance and if necessary a further five years after the initial period.
The Governor would still be able to remove the Change Manager where the Change
Manager was not performing his functions creditably. The Governor would also make
the final decision as to when the envisioned changes were complete or had reached
an appreciable stage and consequently that the Office of the Change Manager was not
necessary.
Way Forward
Drafting of water supply policy is only a first step in the process of achieving overall
reforms of the water supply sector in Kano State. The following actions need to be
taken for implementation of the policy to commence.
i) Adoption of the policy by the State Government. This may involve the following
stages:
o Kano State Ministry of Water Resources submit the draft policy to the Ministry
of Justice for comment
o The State Ministry of Water Resources prepares a memo to the State
Executive Council for consideration and approval
o The approved policy should be submitted to the Ministry of Justice in order to
prepare the draft laws ( as recommended by the policy) for submission to the
State House of Assembly
ii) New draft legislation for the proposed policy and institutional changes should be
sent to the State House of Assembly
iii) Development of a detailed implementation strategy and time bound action plan
iv) Commence implementation of the action plan.

DFID CNTR: 00 0512A SLGP Consultants' Report Number 107

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DFID CNTR: 00 0512A

SLGP Consultants’ Report Number 107

Workshop on Proposed New Kano State Water Supply Policy

Muyiwa Olowokure, Muhammad Iliyas and Jonadab Metibaiye

Annex 1 Terms of Reference

SLGP Consultants’ Report Number 107 1

SLGP State and Local Government Programme

SLGP Consultants’ Report Number 107 2

1.2 Purpose and Scope

SLGP Consultants’ Report Number 107 3

2.2 Compliance with the Terms of Reference (ToR)

Dr Ingo Leutiger gave a presentation on Experiences in Water Reform Policies with

SLGP Consultants’ Report Number 107 4

3.2 Day One – Afternoon Session

3.3 Day Two – Morning Session

3.4 Day Two – Afternoon Session

SLGP Consultants’ Report Number 107 5

4.0 REVISION AND UPDATING OF DRAFT POLICY

5.0 WAY FORWARD

SLGP Consultants’ Report Number 107 6

Production of Final Draft Water Supply Policy for Kano State

Draft Water Supply Policy

SLGP Consultants’ Report Number 107 7

Objective of the Consultancy

Expected Outputs and Deliverables

SLGP Consultants’ Report Number 107 8

Consultant Preparation Days in Report Finalisation of Total

Logistics and Administrative Issues

SLGP Consultants’ Report Number 107 9

SLGP Consultants’ Report Number 107 10

Group Two Presentation

1. Full community involvement in all stages of water supply is necessary

• However, we noted that some latent issues in asset ownership particularly

3. The institutions outlined in the draft policy are acceptable

4. WRA shall be comprised a body of professionals and experts

All in general we should talk about full cost coverage.

Disagreed with the replacement of may with shall

SLGP Consultants’ Report Number 107 11

Group Three Discussions – The Role of Government

b) Kano State should as much as possible follow the National Water

c) The Government should pay for capital expenditure

d) Communities, particularly in rural areas can contribute to capital

e) Government should protect and ensure hygiene and sanitation of water

f) Community and private partnership to be encouraged.

2. What role should Government play in order to make water supply to

a) Government should provide technical support.

b) Government should be involved in setting standards

c) Government should sensitise people

d) Communities in Rural and Semi – Urban Areas to take over O & M.

e) Data Collection (including Hydrology) and Capacity Building (continuous

f) Review and update Monitoring & Evaluation methods (Refer to Kano

g) Government responds to M & E

3. Should Government continue to be a service provider

a) As far as Government competes on an equal basis with other Water

4. Comments on the legal implications of the proposed water policy

a) Setting tariffs should be separated from approval.

SLGP Consultants’ Report Number 107 12

• Government to provide technical support.

SLGP Consultants’ Report Number 107 13

Questions, Answers & Observations (1)

1. Question: Does the Institutional structure belong to the policy?

2. Question: How can we break the monopoly of Government in water supply?